The whole system is a joke. I share your frustration with it, I honestly don’t know how these LA staff sleep at night. What do they do, go home and pat themselves on the back and tell themselves “I did really well today, I denied five disabled children the chance to go to school!”. A special place in hell awaits them all, IMO.
Local Authorities have a statutory duty to respond to formal complaints, which is separate from the SEND tribunals process (which are purely focused on compliance with the SEND Regulations 2014). Your LA are also in breach of the Education Act (by not providing her with any education at all) and the Children and Families Act (because they’re not communicating with you). There is a statutory process they must follow to respond to formal complaints and it can’t be conflated with the SEND tribunals process. They have 3 months to respond to a stage 1 complaint (which will always be a nonsense rebuttal written by someone internal and complicit). Read the response and if it doesn’t address the issues you’ve raised then escalated it to a stage 2 complaint. They then have to get an independent expert to address the complaint. Ask SOSSEN or similar to help you draft the stage 2 complaint setting out clearly the paragraphs of the relevant legislation that they are breaching. Depending on the disabilities your daughter has, the disability-specific charities for her condition may also be able to provide advocacy and support with this.
In terms of the tribunal, do you have some experts like this helping you? Even as someone who is familiar with how law is drafted and functions etc (though not education law, until I was met with this) I have needed help to navigate the system from somebody used to it who knows all of the dirty tactics that the LAs use to try to circumvent their legal responsibilities. It really is disgusting that it’s left to parents to enforce their children’s legal right to access education but you need to utilise all help available to fight them.
Also, issue a subject access request. You can do this online via the Information Commissioner as an online request specifying dates (since the issue began - perhaps when you requested the emergency annual review from the LA or perhaps earlier depending what happened?) and your name, your daughter’s name, and all documents that the Local Authority holds about either of you. They have to provide this information to you per GDPR. You should specifically state that this should include all of their internal and external emails, meeting agendas and notes, system notes, phone records and any other documents that relate to either of you. This should be quite revealing about what they are doing. By issuing a subject access request, I obtained proof that the Local Authority’s appointed educational psychologist was colluding with them about how to misrepresent matters to the SEND tribunal, for example.
Have you been able to find any schools that you think would be appropriate for her that would be willing to offer her a place that you can request at tribunal are named on the EHCP?
I really feel for you, it is such a stressful and broken system set up to try to deny children access to education as much as possible and it’s completely exhausting fighting it all. So many children are being failed by the LAs, deliberately. I makes me enraged.